Terry D. Smith - Page 6

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          Petitioner's share of the cash portion of the purchase price was            
          $16,000.  Of that amount, petitioner paid $2,500 as earnest money           
          when the contract was signed.  Also on June 19, 1990, Essex                 
          redeemed the certificate of deposit, and thereafter disbursed               
          $20,843 to petitioner and bought two certificates of deposit for            
          $10,000 each.  Petitioner deposited the $20,843 he received in              
          his account with United Carolina Bank.  Petitioner used the two             
          certificates of deposit as partial collateral for a $50,000 loan            
          to renovate the East Boulevard property.                                    
          D.  Petitioner's 1990 Tax Return                                            
             On the Form 8824, Like-Kind Exchanges, attached to                       
          petitioner's 1990 income tax return, petitioner reported that he            
          transferred property as part of a like-kind exchange on February            
          21, 1990.  In fact, petitioner transferred his interests in the             
          Monroe Road and Seventh Street properties on February 5 and                 
          February 14, 1990, respectively.  Also on that Form 8824,                   
          petitioner reported that he identified replacement property on              
          April 1, 1990.  April 1, 1990, is the 46th day after February 14,           
          1990, and the 55th day after February 5, 1990, the dates that               
          petitioner transferred his interests in the Seventh Street and              
          Monroe Road properties, respectively.                                       
                                       OPINION                                        
          A.  Background and Contentions of the Parties                               
             The issue for decision is whether petitioner may defer the               
          gains realized on the sale of the Monroe Road and Seventh Street            




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